Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 23

insert

Order 42B     Notices to sheriff

1     No order for return of writ etc necessary

    (1)     An order must not be issued for the return of a writ or to bring in the body of a person ordered to be attached or committed.

    (2)     However, a notice from the person issuing the writ or obtaining the order for attachment or committal (if not represented by a solicitor), or from the person's solicitor, calling on the sheriff to return the writ, or to bring in the body within a stated time, if not complied with, entitles the person to apply for an order for the committal of the sheriff.

2     Notice to sheriff, out of office

    (1)     This rule applies if the sheriff, before going out of office, arrests a defendant, and makes return of sepi corpus .

    (2)     The sheriff may be called on by a notice mentioned in rule 1 to bring in the body within the time allowed by law, although the sheriff may be out of office before the notice is given.